Unpaid Wages

If you worked the hours, you earned the pay — overtime, tips, every minute on the clock. When an employer holds back what you’re owed, we help you get it back.

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What counts as unpaid wages?

Unpaid wages are any earnings your employer owes but hasn’t paid — unpaid overtime, work off the clock, stolen tips, illegal deductions, or a final paycheck that never came. Both federal and state law require employers to pay workers fully and on time for every hour they work.

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Common situations we handle

  • Unpaid Overtime

    Not being paid time-and-a-half for hours worked over 40 in a week

  • Off-the-Clock Work

    Being made to work before clocking in, after clocking out, or through breaks

  • Wage Theft

    Any time an employer keeps money you earned, in any form

  • Tip Violations

    Having your tips taken, pooled illegally, or counted against your wages

  • Employee Misclassification

    Being labeled a contractor to avoid paying you overtime and benefits

  • Final Paycheck Violations

    Not getting your last paycheck in full, or on time, after leaving a job

  • Illegal Deductions

    Having money taken out of your check that shouldn’t be

  • National Origin Discrimination

    Being treated unfairly because of your country of origin, ancestry, or accent

The pay you earned isn’t optional

Wages aren’t a favor or a bonus. Once you’ve worked the hours, that money is legally yours — and your employer holding it back is against the law, not just unfair.

Many workers don’t realize how much they’re owed. Unpaid overtime adds up fast. Off-the-clock minutes stack into hours. Illegal deductions repeat every paycheck. And in many cases, the law lets you recover more than the amount withheld — sometimes double or triple, plus penalties.

The money adds up faster than you’d think.

5 unpaid overtime hours a week at $20/hour = $150/week

Over a year, that’s $7,800 —

and the law may double it to $15,600, before penalties.

How unpaid wages show up at work

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If any of this sounds familiar, we should talk.

Federal and state protections

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Unpaid wages are protected under both federal and state law.

Federal

The Fair Labor Standards Act (FLSA) sets the national floor for wages, requiring minimum wage and overtime pay of time-and-a-half for hours worked over 40 in a week. It also governs how employers must track hours and handle tips.

Minnesota

The Minnesota Fair Labor Standards Act sets a higher minimum wage than federal law and adds protections around overtime, meal and rest breaks, and the timing of final paychecks. Minnesota law can also allow workers to recover more than the wages they’re owed.

Learn more

Illinois

The Illinois Minimum Wage Law and Wage Payment and Collection Act set a higher minimum wage than federal law and give workers strong protections against wage theft, late paychecks, and illegal deductions — with significant penalties for employers who violate them.

Learn more

Which law applies depends on your situation. Not sure? That’s what we figure out with you.

When your employer owes you

  • Overtime hours

    When you work more than 40 hours a week and don’t get time-and-a-half.

  • Before and after your shift

    When you’re doing job tasks off the clock — setup, cleanup, closing

  • During “unpaid” breaks

    When you’re working through a break your employer isn’t paying for

  • Training and meetings

    When required training or meetings go unpaid

  • Travel between job sites

    When work travel during the day isn’t compensated

  • Tips you earned

    When management takes a cut or pools tips illegally

  • Your final paycheck

    When you leave and your last check is late, short, or missing

  • Every paycheck

    When illegal deductions or miscalculations repeat over time

When wages are withheld, the law often lets you recover more than just the missing pay:

  • The unpaid wages themselves
  • Liquidated damages — often equal to the unpaid amount, effectively doubling it
  • In some cases under state law, up to triple the wages owed
  • Interest on what you’re owed
  • Civil penalties against the employer
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

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*Prior results do not guarantee a similar outcome.

How we handle unpaid wages cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team
Shawn Wanta, Founding Partner at Wanta Thome

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome, Founding Partner at Wanta Thome

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood, Attorney at Wanta Thome

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec, Attorney at Wanta Thome

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about unpaid wages

  • How do I know if I’m owed overtime?

    If you work more than 40 hours in a week and aren’t paid time-and-a-half, you may be owed overtime — even if you’re on salary. Many employers wrongly treat workers as “exempt.” Being paid a salary doesn’t automatically mean you don’t qualify for overtime.

  • My employer said I’m not eligible for overtime because I’m salaried. Is that true?

    Not necessarily. Salary alone doesn’t determine overtime eligibility — your actual job duties and pay level do. Many salaried workers are misclassified as exempt and are legally owed overtime. It’s worth having someone review how you’re classified.

  • Can my employer take my tips?

    Generally, no. Tips belong to the workers who earn them. Managers and owners usually can’t take a share, and tip pools have strict legal rules. If your tips are being taken or redistributed improperly, that may be wage theft.

  • How much can I recover if I was underpaid?

    Often more than the unpaid amount itself. Many wage laws allow liquidated damages that double what you’re owed, and some state laws allow up to triple, plus penalties and attorney’s fees. The total depends on the violation and which law applies.

  • Can I be fired for asking about my unpaid wages?

    No. Retaliating against you for asking about or claiming unpaid wages is illegal. If your employer cut your hours, demoted you, or fired you after you raised the issue, that’s a separate violation on top of the wage claim.
See all unpaid wages FAQs

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Common questions

How far back can I claim unpaid wages?

It depends on the law and the violation — federal claims often reach back two years, or three for willful violations, and state deadlines vary. Because the clock is running and older wages can drop off, it’s best to act sooner rather than later.

Do I need proof of my hours to make a claim?

It helps, but you’re not sunk without it. Employers are legally required to keep accurate time records, and when they don’t, the law often works in the worker’s favor. Your own notes, pay stubs, and recollection can support a claim.

What if I was paid in cash?

You’re still owed proper wages, overtime, and protections. Being paid in cash doesn’t remove your rights — and an employer paying cash to avoid records can actually strengthen your position. Keep whatever records you can of hours and amounts.

How much does it cost to hire a wage lawyer?

For most cases, nothing upfront. We work on contingency, and in many wage cases the law requires the employer to pay your attorney’s fees on top of what you recover. The first call to find out if you have a case is free.

Can a group of coworkers bring a wage claim together?

Yes. When an employer shorts one worker, it’s often shorting many. Wage cases can be brought collectively, which can make them stronger and spread the effort. If your coworkers are in the same situation, that’s worth mentioning when we talk.